Currently, two medical cannabis activists groups in South Dakota have banded together to propose an alternative timeline for the implementation of voter approved IM 26. This measure received 70 percent of the vote in the 2020 general election, so clearly, South Dakota citizens want medical marijuana. 

IM 26

IM 26 received pushback from both lawmakers and Governor Noem (R) even before the November election. But now pushback is even more. Governor Noem said South Dakota citizens “made the wrong choice” when they legalized both medical and recreational cannabis. The governor says she looks “to get IM 26 implemented safely and correctly.” However, the start up process could take up to a year to start. Activists say otherwise.

Unfortunately, lawmakers in the House of Representatives are moving forward with proposed legislation from Governor Noem with House Bill 1100A. In this bill, implementation would be pushed back at least a year. This would allow for counter legislation proposal and potential passage. This would reverse the results of the measure. It would also go against what the South Dakota citizens have vocally approved. 

HB 1100 Amendments

Both New Approach South Dakota and South Dakotans for Better Marijuana proposed an alternative to HB 1100A. The alternative would extend the implementation period of IM 26, but not as long as HB 1100A proposed. The proposal, released Monday February 22, is a breakdown of the differences between this proposal and what HB 1100A stated. 

Dubbed HB 1100B for now, the proposal states: 

• Extends the deadline for the Department of Health to write rules and regulations for the medical marijuana program from October 29, 2021 to January 31, 2022. HB 1100A proposed October 31, 2022.
• Extends the deadline for issuing registry identification cards to qualifying medical marijuana patients from November 18, 2021 to January 31, 2022. HB 1100A proposed November 21, 2022.
• Ensure specific legal protections are provided to medical cannabis patients before registration cards are issued. These protections will take effect on July 1, 2021, which is what Measure 26 currently requires. HB 1100A proposed delaying these protections to July 1, 2022.
• Extends the deadline for establishing a secure phone or web-based verification system for registry identification cards from October 29, 2021 to January 31, 2022. HB 1100A proposed July 1, 2022.
• Extends the deadline for the Department of Health and Department of Education to establish a medical marijuana policy for schools from Fall 2021 to January 31, 2022. Right now, HB 1100A proposed removing the deadline entirely.
• Expands the medical cannabis oversight committee in size and scope. Additionally, the committee directs reports back to the Legislature with any recommended bills or amendments by December 15, 2021.
• Increases reporting requirements for the Department of Health and the oversight committee. This monitors the pace of the implementation process.
• Clarifies limits on home cultivation by medical cannabis patients.

Future

HB 1100A passed the House State Affairs committee with a 10-3 vote. It’s original full committee hearing, scheduled for this past Monday the 22nd, will now happen on a different day. Currently there is no sponsor for HB 1100B. However, there is promise it will be heard in the chamber when HB 1100A is discussed. 

As more information becomes available, we will be sure to update you with the latest. Make sure to check back for more cannabis and hemp related news.